Project on Bioethics and Law

The Center has studied a number of critical issues in bioethics and law. Below is a sampling of the Center's publications in the academic literature.

End-of-life Decisions

• Orentlicher and Callahan, "Feeding Tubes, Slippery Slopes and Physician-Assisted Suicide," 25 Journal of Legal Medicine 389-409 (2004).
• Orentlicher, Matters of Life and Death: Making Moral Theory Work in Medical Ethics and the Law (Princeton University Press 2001).
• Orentlicher, "The Implementation of Oregon's Death with Dignity Act: Reassuring, but More Data Are Needed," 6 Psychology, Public Policy and Law 489-502 (2000).
• Orentlicher, "The Alleged Distinction Between Euthanasia and the Withdrawal of Life Sustaining Treatment: Conceptually Incoherent and Impossible to Maintain," 1998 University of Illinois Law Review 837-859.
• Orentlicher, "The Supreme Court and Terminal Sedation: Rejecting Assisted Suicide, Embracing Euthanasia," 24 Hastings Constitutional Law Quarterly 947-968 (1997).
• Orentlicher, "The Supreme Court and Physician-Assisted Suicide--Rejecting Assisted Suicide But Embracing Euthanasia," 337 New England Journal of Medicine 1236-1239 (1997).
• Orentlicher, "The Legalization of Physician-Assisted Suicide: A Very Modest Revolution," 38 Boston College Law Review 443-475 (1997).
• Orentlicher, "The Legalization of Physician-Assisted Suicide," 335 New England Journal of Medicine 663-667 (1996).
• Orentlicher, "The Limitations of Legislation," 53 Maryland Law Review 1255-1305 (1994) (discussing health care decision making laws).

The Intersection of Family Law and Health Law

• Drobac, "'Developing Capacity': Adolescent 'Consent' at the Workplace, at Law, and in the Sciences of the Mind," ___ U.C. Davis Journal of Juvenile Law & Policy (forthcoming December 2005).
• Drobac, "Sex and the Workplace: 'Consenting' Adolescents and a Conflict of Laws," 79 Washington Law Review 471 (2004).
• Orentlicher, "Spanking and Other Corporal Punishment of Children by Parents: Undervaluing Children, Overvaluing Pain," 35 Houston Law Review 147-185 (1998) (symposium issue on family violence).

Health Care Access and Rationing

• Orentlicher, "Utility, Equality, and Health Care Needs of Persons with Disabilities: Interpreting the ADA's Requirement of Reasonable Accommodations," in Americans with Disabilities: Exploring Implications of the Law for Individuals and Institutions 236-243 (Francis & Silvers, eds., Routledge 2000).
• Beauchamp, Jennings, Kinney & Levine, "Pharmaceutical Research Involving the Homeless," 27 Journal of Medicine & Philosophy, 547 (2002).
• Orentlicher, "Practice Guidelines: A Limited Role in Resolving Rationing Decisions," 46 Journal of the American Geriatrics Society 369-372 (1998).
• Orentlicher, "Destructuring Disability: Rationing of Health Care and Unfair Discrimination Against the Sick," 31 Harvard Civil Rights-Civil Liberties Law Review 49-87 (1996).
• Orentlicher, "Psychosocial Assessment of Organ Transplant Candidates and the Americans with Disabilities Act," 18 General Hospital Psychiatry 5S-12S (1996).
• Orentlicher, "Rationing and the Americans with Disabilities Act," 271 J.A.M.A. 308-314 (1994).
• Kinney, Legal and Ethical Issues in Mental Health Care Delivery: Does Corporate Form Make a Difference , 28 Houston Law Review 175 (1991).
• Kinney, Setting Limits: A Realistic Assignment for the Medicare Program? 33 Saint Louis University Law Journal 631 (1989).

Non-Profit Theory and Organ Transplantation

• Katz, Robert, "When For-Profit Firms Profit By Processing Donated Human Tissues: An Economic and Legal Analysis," 55 DePaul L Rev ___ (forthcoming 2006), to be published as part of an symposium issue on "Precious Commodities: The Supply & Demand of Body Parts."

Patient-Physician Relationship

• Orentlicher, "Genetic Privacy in the Patient-Physician Relationship," in Genetic Secrets: Protecting Privacy and Confidentiality in the Genetic Era 77-91 (Rothstein, ed., Yale University Press 1997).
• Orentlicher, "Paying Physicians More to Do Less: Financial Incentives to Limit Care," 30 University of Richmond Law Review 155-197 (1996).
• Orentlicher, "Health Care Reform and the Threat to the Patient-Physician Relationship," 5 Health Matrix: Journal of Law-Medicine 141-180 (1995) (symposium issue on health care reform).
• Kinney & Selby, "History and Jurisprudence of the Patient-Physician Relation in Indiana," 30 Indiana Law Review 263 (1996).

Reproductive Decisions

• Orentlicher, "Beyond Cloning: Expanding Reproductive Options for Same-Sex Couples," 66 Brooklyn Law Review 651-683 (2000-2001).
• Orentlicher, "Cloning and the Preservation of Family Integrity," 59(4) Louisiana Law Review (1999).

Research Ethics

• Orentlicher, "Participation in a Clinical Trial as a Condition of Receiving Treatment," 35(5) Hastings Center Report 20-28 (2005).
• Orentlicher, "Universality and Its Limits: When Research Ethics Can Reflect Local Conditions," 30 Journal of Law, Medicine & Ethics 403-410 (2002).
• Orentlicher, "Placebo-Controlled Trials of New Drugs: Ethical Considerations," 24 Diabetes Care 771-772 (2001).